Publication date: 09.06.2024
Peculiarities of administrative liability for driving a vehicle while intoxicated
Introduction
Driving under the influence of alcohol is one of the most serious violations of traffic rules, which poses a high risk to drivers, passengers and pedestrians. In Ukraine, administrative liability for such violations is strictly regulated by law. In this article, we will consider the main legal aspects, procedures and consequences of administrative liability for driving while intoxicated.
Legal framework
Code of Ukraine on Administrative Offenses (CUAO)
The CAO defines liability for driving under the influence of alcohol. Article 130 of the Code of Administrative Offenses provides for administrative penalties for driving under the influence of alcohol, refusal to undergo a medical examination for intoxication, and other related violations.
The Law of Ukraine "On Road Traffic"
This law establishes general rules of the road, including requirements to prohibit driving under the influence of alcohol, drugs or other intoxicants.
The procedure for recording a violation
Stopping a vehicle
Police officers have the right to stop a vehicle if they have reason to believe that the driver is intoxicated. The grounds may be characteristic signs such as the smell of alcohol, inappropriate behavior, violation of traffic rules, etc.
Medical examination
In case of suspicion of alcohol intoxication, the driver must undergo a medical examination. The examination can be carried out on site with the help of
special technical means (breathalyzers) or in a medical facility.
Documenting the violation
The results of the inspection are recorded in the report on an administrative offense. If the driver refuses to undergo the test, this is also recorded in the report and is considered an administrative offense.
Types of administrative penalties
Penalty
Driving under the influence of alcohol carries a significant fine. The fine for the first offense is UAH 17,000, and for a repeat offense within a year - UAH 34,000.
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Deprivation of driving privileges
In addition to a fine, the driver may be deprived of the right to drive for a period of one year for the first offense and up to three years for a repeat offense.
Administrative arrest
For repeated violations, the driver may be subject to administrative arrest for up to 15 days.
Consequences and legal aspects
Impact on driver's license
Deprivation of the right to drive a vehicle restricts the driver's ability to drive any type of vehicle for a specified period of time. The driver's license can be restored only after the expiration of the deprivation period and after successful completion of examinations at a service center of the Ministry of Internal Affairs.
Court proceedings
In case of disagreement with the report, the driver has the right to appeal it in court. The court proceedings may take into account various circumstances, including possible violations of the inspection and documentation procedure.
Social consequences
Driving under the influence of alcohol has serious social consequences. It can lead to road traffic accidents (RTAs), cause harm to people's lives and health, and cause significant material damage.
